Okeke v. Rodriguez et al

Filing 11

ORDER Granting #9 Stipulation for Extension of Deadline to Answer Petition.. The parties stipulate and agree that good cause exists to correctRespondents' answer deadline from the deadline noted on #8 to the correct answer date of 4/1/16. Signed by Judge Andrew P. Gordon on 2/9/16. (Copies have been distributed pursuant to the NEF - PS)

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DANIEL G. BOGDEN
United States Attorney
District of Nevada
BLAINE T. WELSH
Assistant United States Attorney

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BENJAMIN MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director, Office of Immigration Litigation-DCS
WILLIAM C. SILVIS
Assistant Director
T. MONIQUE PEOPLES
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation-DCS
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MATTHEW OBIM OKEKE,
Petitioner,

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v.
JEH JOHNSON, Secretary of U.S.
Department of Homeland Security, et al.,
Respondents.

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) Case No. 2:15-cv-02178-APG-PAL
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ORDER
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JOINT STIPULATION FOR EXTENSION OF DEADLINE TO ANSWER PETITION
(First Request)

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Pursuant to LR 6-1, 6-2, and 7-1, the parties jointly stipulate to extend the deadline for
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Respondents to answer or otherwise respond to the Petition filed in this matter. In support, the
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parties state as follows:
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1.

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On November 16, 2015, Petitioner filed a petition for writ of mandamus. See

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Pet., ECF No. 1. Specifically, Petitioner seeks an order from the Court “to compel

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Respondents to act on Petitioner’s completed I-485 Application to Adjust Status.” Id. at ¶ 1.
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Plaintiff effected service on Respondents Loretta Lynch, Attorney General of

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the United States; Jeh Johnson, Secretary of the U.S. Department of Homeland Security; Leon

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Rodriguez, Director of the U.S. Citizenship and Immigration Services (“USCIS”); Thomas

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Cioppa, District Director of the Chicago Field Office of USCIS; and Jeanne Kent, Field Office

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Director of the Nevada-Las Vegas Field Office of USCIS, all in their official capacities. See

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ECF No. 8. According to the civil docket for this matter, Respondents’ answer deadlines are

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February 1, 2016, and February 2, 2016. See Dkt. entry at ECF No. 8.
3.

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Petitioner effected service on the U.S. Attorney for the District of Nevada on

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February 1, 2016. See Fed. R. Civ. P. 4(i). Pursuant to Federal Rule of Civil Procedure

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12(a)(2), the “United States, a United States agency, or a United States officer or employee

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sued only in an official capacity must serve an answer to a complaint, counterclaim, or

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crossclaim within 60 days after service on the United States attorney.” Thus, despite the civil

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docket entry notation, Respondents’ answer deadline is April 1, 2016. See Fed. R. Civ. P.

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12(a)(2).

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4.

Accordingly, the parties stipulate and agree that good cause exists to correct

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Respondents’ answer deadline from the deadline noted on ECF No. 8 to the correct answer

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date of April 1, 2016.

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WHEREFORE, the parties stipulate and agree that good cause exists to correct

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Respondents’ answer deadline from February 1 and 2, 2016 to the correct answer date of April

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1, 2016.

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Respectfully submitted this 9th day of February 2016.
AGWARA & ASSOCIATES

WILLIAM C. SILVIS
Assistant Director

/s/ Liborius Agwara
LIBORIUS AGWARA
4693 E. Flamingo Road
Las Vegas, Nevada 89121
[phone]
[e-mail]

/s/ T. Monique Peoples
T. MONIQUE PEOPLES
Trial Attorney

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Attorneys for Respondents

Attorneys for Petitioner

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IT IS SO ORDERED:
UNITED STATES DISTRICT JUDGE
Dated: STATES 9, 2016.
UNITEDFebruary MAGISTRATE JUDGE
DATED:

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